Peck v. Ray

OPINION

YOUNG, Justice.

This is an appeal of an order overruling a motion for new trial that followed the entering of a post-answer default judgment. The post-answer default judgment was entered after defendants, Don Peck and Helicopters, Inc., failed to appear at the trial date after having filed an answer in the cause. The attorney for defendants asserted that he was under the mistaken belief that his request for trial by jury was timely filed and the cause had therefore been reset. We affirm.

The original action which resulted in this appeal was a suit on a sworn account arising from a breach…